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3 201701623 interest in the Property, Tenant will attorn to and recognize Lender as its landlord under the Lease for the remainder of the term of the Lease (including all extensions periods which have been or are hereafter exercised) upon the same terms and conditions are set forth in the Lease. Such attornment shall be effective and self - operative, without the execution of any further instrument on the part of any of the parties hereto, immediately upon Lender succeeding to Landlord's interest in the Leased Premises. 6. Lender's Obligations Upon Succeeding As Landlord - Tenant agrees that, in the event Lender succeeds to the interest of Landlord under the Lease, Lender shall not be: (i) for any default, act or omission of any prior landlord (including the Landlord), except to the extent that such default, act or omission is continuing; or (ii) subject to any offsets or defenses (other than accord and satisfaction) which Tenant might have against any such prior lessor, except to the extent such offsets or defenses arise out of acts or omissions by Lender or such other owners. Notwithstanding the foregoing, Lender (and any successor landlord) shall be subject to all offsets permitted by the Lease that relate to Tenant not receiving the Total Allowance (as defined in the Lease); or (iii) bound by any base rent, percentage rent, additional rent or any other amounts payable under the Lease which the Tenant might have paid in advance for more than the one month in advance of its due date under the Lease to any prior landlord (including, without limitation, the defaulting Landlord) unless (a) such payment is expressly required under the Lease (such as estimated additional rent amount on account of operating expenses, taxes and other escalations or pass - throughs) or (b) Lender actually receives such Minimum Rent or Additional Rent; or (iv) accountable to the Tenant for any security deposit paid under the Lease not actually paid (or credit thereof paid) over to Lender; (v) bound by any material amendment or modification of the Lease made without the Lender's written consent thereto, to the extent such amendment or modification (a) reduces rent or additional rent payable under the Lease; (b) changes the date upon which the term of the Lease would otherwise end; (c) more than insignificantly reduces Tenant's obligations under the Lease; (d) materially increases Landlord's obligations under the Lease; provided, however, Lender shall be deemed to have approved any amendment or modification of the Lease if it is not approved or denied by Lender within twenty (20) days' after notice thereof and receipt of the amendment or modification to be executed; 7. Notices - Any notices, communications and waivers under this Agreement shall be in writing and shall be (i) three (3) business days after having been timely deposited by registered or certified mail, return receipt requested, or (ii) by overnight express carrier, addressed in each case as follows: